Common use of Software Fees Clause in Contracts

Software Fees. 4.1.1 Customer will pay to Experlogix the Fees set forth in the applicable Software Order (“Software Fees”). Except as otherwise provided in an applicable Software Order, each Software Order is non-cancellable, and all sums paid are non-refundable. Software Fees shall be due at the beginning of the Software Initial Term and within ninety (90) days of Experlogix issuing the invoice for the Software Renewal Term. Additional Software Fees for adding additional Users will be paid by Customer upon receipt of an invoice for such additional Users by Experlogix, and such additional Software Fees will be prorated through the end date of the then-current Software Initial Term or Software Renewal Term. Experlogix may increase Fees for any Software Renewal Term provided such increase does not become effective until the end of the then-current Software Initial Term or Software Renewal Term. 4.1.2 Customer acknowledges and agrees that Software Fees are calculated based on normal usage of the Services in a manner consistent with its intended purposes as described in the Documentation. Unless set forth otherwise in an Order, if Customer’s use of the Services results in CPU or bandwidth usage, or usage of any metered resource paid for by Experlogix through its cloud provider, that significantly exceeds average levels (collectively, “Usage”), Customer may incur additional fees (“Hosting Fees”). If Customer approaches such Usage level, Experlogix shall use reasonable efforts to notify Customer in writing, providing details of the excess Usage and the potential Hosting Fees associated therewith. Customer shall have (30) days from the date of notification to either (a) reduce its Usage to normal levels or (b) agree to the payment of the Hosting Fees, in which case Experlogix shall invoice Customer for such additional Hosting Fees, which shall be due and payable within thirty (30) days of Customer’s receipt of such invoice.